TMI Blog1975 (11) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... o-owner with two others of certain premises of which one of the tenants was M/s. Hindustan Electric and Radio Corporation. He, together with the other co-owners, had Bled suits No. 840 of 1961 and 1040 of 1964 in the Bombay City Civil Court against the Corporation. These suits were off-shoots of a prior proceeding No. 4127 of 1960 in the small Causes' Court for the ejectment of the Corporation, which was dismissed on 10th March, 1961. S.C. Suit No. 840 of 1961 was, thereafter filed, but it was withdrawn on 19th September; 1963, with liberty to file a fresh suit. On or about 10th February, 1964, the Advocate concerned. L.D. Jaisinghani, took ₹ 350/- from the complainant for filing the fresh suit in the Bombay City Civil Court and g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion had been lodged in Court and served on the Corporation's Advocate, Mr. Bhagat, through a Clerk, named Adwani, of a late Advocate Mr. Wadhwa, and that it would come up for hearing soon. As nothing seemed to come up for hearing, complainant, at last addressed a letter to the Registrar of the Bombay City Civil Court on 9/16th March, 1971, informing him of the lodging of the Notice of Motion and enquiring what had happened to it. The Advocate, L.D. Jaishinghani, then told the complainant that the matter would be heard on 20th April, 1971, at 12 noon, before the Judge Mr. Kattal. On 20th April, 1971, on enquiry from the office of the Court, the complainant learnt that no Notice of Motion is there and that no 1040 of 1964 was a fictitious ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant and enquiries made with a view to creating evidence. His case also was that, apart from the draft copy of the plaint which had a number of blanks in it, including a blank space for the number of the suit, the other documents produced by the complainant were fabricated with some ulterior motive. The Advocate did not set up what could be the reason for the complainant's displeasure with him or attempt to involve him falsely. In his evidence he alleged that this was due to the fact that the Advocate had refused to give evidence in a case in which the complainant had been proceeded against for malicious prosecution. 4. The All India Bar Council, after examining the documents and the evidence in the case, observed that, althou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the appellant, particularly in view of an unenviable record of similar complaints against him in the past by Dr. Nagdev, and another by Mrs. Butler, and the third by one Tarachand, which had let to disciplinary proceedings being finally dropped after the Advocate or somebody else on his behalf had made payments to the complainant litigants, and the prevaricating replies of the Advocate, attempting to conceal or deny these proceedings, may have been justified, yet, these very features of the case were also likely to create a prejudice against the accused Advocate who may, in the particular instance now before us, not have been really so blameworthy as one may, with his background, he inclined to believe. After having been taken through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not speak of any such further demand but says that no charge was made even for taking out the notice of motion on the alleged copy of which the number of the suit given is 840, which does not tally with No. 1040 given by the complainant. Suit No. 840 had been withdrawn long before. 8. Thirdly, the copy of the plaint which was sought to be used by the complainant as proof of what, according to him, the Advocate alleged was the plaint of the suit already filed, had significant blanks in it. Even the number 1040 and the amount claimed had been admitted by the complainant to have been subsequently filled in, in his own hand. But, in his complaint, it was stated that No. 1040 was already on the plaint which had been filed. This shows that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was really truthful. We think that, in a case of this nature, involving possible disbarring of the Advocate concerned, the evidence should be of a character which should leave no reasonable doubt about guilt. The Disciplinary Committee had not only found the appellant guilty but had disbarred him permanently. 11. The complainant has no doubt produced Tendolkar and D.D. Nalvade to show what enquiries were made relating to suit No. 1040 of 1964 by the Respondent complainant. It is, however, not disputed that the respondent did make those enquiries. The case of the appellant was that these enquiries were made in an attempt to holster up a weak case. These enquiries merely prove a much too belated conduct of the complainant. They could be th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
